Fuchsgruber v. Custom Accessories, Inc.

¶ 1. The question in this case is whether the 1995 amendment to the compara tive negligence statute, Wis. Stat. § 895.045(1) (1999-2000), 1 applies to strict product liability actions. The answer is no.

¶ 2. Strict liability for injuries caused by defective and unreasonably dangerous products, as adopted by this court in Dippel v. Sciano, 37 Wis. 2d 443, 155 N.W.2d 55 (1967), is liability in tort, not liability for negligence. The Dippel adaptation of the comparative negligence statute to product liability theory was a conceptual expedient intended to ensure the availability of the defense of…